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Detectives tied a knit cap found near the scene of the murder to Fuller.

In the original trial, prosecutors showed jurors surveillance video that showed a man who resembles Fuller wearing a similar cap in the area where Ahmed picked up the person believed to have killed him.

A jury convicted Fuller in 2010, and he was sentenced to 28 years in prison.

The Washington State Court of Appeals overturned the conviction in 2012, ruling Fuller did not get a fair trial. The three-judge panel said prosecutors violated his rights by suggesting to jurors that Fuller’s silences during portions of a police interview meant he was guilty.

“The Ninth Circuit has explicitly held that ‘the right to remain silent’ is not an all-or-nothing proposition,” the appeal ruling states.

“A suspect may remain selectively silent by answering some questions and then refusing to answer others without taking the risk that his silence may be used against him.”